[Federal Register Volume 65, Number 240 (Wednesday, December 13, 2000)]
[Rules and Regulations]
[Pages 77783-77785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31449]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-NM-384-AD; Amendment 39-12039; AD 2000-25-05]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and EMB-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to certain EMBRAER Model EMB-135 and EMB-145 series
airplanes, that currently requires a one-time inspection of the
coupling hinge and locking fastener of the Gamah couplings of the fuel
system tubing located in the wing dry bay to detect discrepancies, and
follow-on corrective actions. This amendment retains those requirements
and adds a requirement to revise the applicability of the existing AD
to add certain airplanes. The actions specified in this AD are intended
to prevent failure of the rivets of the Gamah couplings and consequent
separation of a Gamah coupling, which could result in fuel leakage and
consequent fire in or around the wing. This action is intended to
address the unsafe condition.
DATES: Effective December 28, 2000.
The incorporation by reference of a certain publication listed in
the regulations, was approved previously by the Director of the Federal
Register as of October 3, 2000, (65 FR 56231, September 18, 2000).
Comments for inclusion in the Rules Docket must be received on or
before January 12, 2001.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2000-NM-384-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
[[Page 77784]]
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
[email protected]. Comments sent via fax or the Internet must
contain ``Docket No. 2000-NM-384-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
The service information referenced in this AD may be obtained from
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil. This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, Atlanta Aircraft Certification
Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta,
Georgia; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Linda M. Haynes, Aerospace Engineer,
Airframe and Propulsion Branch, ACE-117A, FAA, Atlanta Aircraft
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite
450, Atlanta, Georgia 30337-2748; telephone (770) 703-6091; fax (770)
703-6097.
SUPPLEMENTARY INFORMATION: On September 8, 2000, the FAA issued AD
2000-19-03, amendment 39-11904 (65 FR 56231, September 18, 2000),
applicable to certain EMBRAER Model EMB-135 and EMB-145 series
airplanes, to require a one-time inspection of the coupling hinge and
locking fastener of the Gamah couplings of the fuel system tubing
located in the wing dry bay to detect discrepancies, and follow-on
corrective actions. The actions required by that AD are intended to
prevent failure of the rivets of the Gamah couplings and consequent
fire in or around the wing.
Actions Since Issuance of Previous Rule
Since the issuance of that AD, the manufacturer has advised the FAA
that, certain airplanes were inadvertently not included in the
effectivity of Embraer Alert Service Bulletin S.B. 145-28-A014, dated
August 25, 2000 (the appropriate service information for AD 2000-19-
03). Consequently, those additional airplanes are subject to the
identified unsafe condition specified in this rule.
U.S. Type Certification of the Airplane
These airplane models are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD supersedes AD 2000-19-03 to continue to
require a one-time inspection of the coupling hinge and locking
fastener of the Gamah couplings of the fuel system tubing located in
the wing dry bay to detect discrepancies, and follow-on corrective
actions. This AD also requires the addition of certain airplanes to the
applicability of this AD.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Submit comments using the following format:
Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
For each issue, state what specific change to the AD is
being requested.
Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2000-NM-384-AD.'' The postcard will be date stamped
and returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
[[Page 77785]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-11904 (65 FR
56231, September 18, 2000), and by adding a new airworthiness directive
(AD), amendment 39-12039, to read as follows:
2000-25-05 Empresa Brasileira de Aeronautica S.A. (Embraer):
Amendment 39-12039. Docket 2000-NM-384-AD. Supersedes AD 2000-19-03,
Amendment 39-11904.
Applicability: Model EMB-135 and EMB-145 series airplanes, as
listed in Embraer Alert Service Bulletin S.B. 145-28-A014, dated
August 25, 2000, and serial numbers 145301 through 145312,
inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance
Required as indicated, unless accomplished previously.
To prevent failure of the rivets attaching the Gamah coupling
hinge to the fuel system tubing and consequent separation of the
coupling, which could result in fuel leakage and consequent fire in
or around the wing, accomplish the following:
Continuing Requirements of AD 2000-19-03--General Visual Inspection
(a) Perform a one-time general visual inspection of the hinge
and locking fastener of the Gamah couplings of the fuel system
tubing located in the wing dry bay to detect discrepancies
(including coupling separation, and loose rivets on the coupling
hinge or locking fastener attaching points), in accordance with
Embraer Alert Service Bulletin S.B. 145-28-A014, dated August 25,
2000; at the times specified in paragraphs (a)(1) and (a)(2) of this
AD, as applicable. If no discrepancies are detected, secure the
Gamah couplings with locking wire in accordance with the alert
service bulletin.
(1) For airplanes having serial numbers 145004 through 145103
inclusive; 145105 through 145121 inclusive; 145123 through 145139
inclusive; 145141 through 145153 inclusive; 145155 through 145176
inclusive: Within 400 flight hours after October 3, 2000 (the
effective date of AD 2000-19-03, amendment 39-11904).
(2) For airplanes having serial numbers 145177 through 145189
inclusive; 145191 through 145230 inclusive; 145232 through 145251
inclusive; 145253 through 145255 inclusive; 145258 through 145262
inclusive; 145264 through 145293 inclusive; 145295, 145296, and
145298 through 145300 inclusive: Within 50 flight hours after
October 3, 2000.
Follow-On Corrective Actions
(b) If any discrepancies (including coupling separation, and
loose rivets on the coupling hinge or locking fastener attaching
points) are detected after accomplishment of the inspection required
by paragraph (a) of this AD: Before further flight, replace any
affected Gamah couplings and secure the Gamah couplings with locking
wire in accordance with Embraer Alert Service Bulletin S.B. 145-28-
A014, dated August 25, 2000. Accomplishment of this paragraph
terminates the requirements of this AD.
New Requirements of This AD--General Visual Inspection
(c) For airplanes having serial numbers 145301 through 145312,
inclusive: Perform a one-time general visual inspection of the hinge
and locking fastener of the Gamah couplings of the fuel system
tubing located in the wing dry bay to detect discrepancies
(including coupling separation, and loose rivets on the coupling
hinge or locking fastener attaching points), in accordance with
Embraer Alert Service Bulletin S.B. 145-28-A014, dated August 25,
2000, within 50 flight hours after the effective date of this AD.
(1) If no discrepancies are detected, secure the Gamah couplings
with locking wire in accordance with the alert service bulletin.
(2) If any discrepancy is detected, before further flight,
accomplish the requirements of paragraph (b) of this AD.
Alternative Methods of Compliance
(d) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Atlanta Aircraft Certification
Office (ACO), FAA. Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
Special Flight Permits
(e) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Incorporation by Reference
(f) The actions shall be done in accordance with Embraer Alert
Service Bulletin S.B. 145-28-A014, dated August 25, 2000. The
incorporation by reference of that document was approved previously
by the Director of the Federal Register as of October 3, 2000 (65 FR
56231, September 18, 2000). Copies may be obtained from Empresa
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225,
Sao Jose dos Campos--SP, Brazil. Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Atlanta Aircraft Certification Office,
One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta,
Georgia; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
Effective Date
(g) This amendment becomes effective on December 28, 2000.
Issued in Renton, Washington, on December 5, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 00-31449 Filed 12-12-00; 8:45 am]
BILLING CODE 4910-13-P